What To Do If You Are Injured At Work

If you are injured in your place of work, it is highly recommended that you seek the advice of legal counsel. The first thing you should do in any case is inform your company that an injury has been sustained. Make sure that the appropriate insurance forms have been released and printed so you can move forward with filing a personal injury claim. Any attorney that you wish to ask advice from should be located within your state of employment, because injury laws vary from state to state. When looking for an attorney, you should first look locally. Personal injury lawyers within the area should be your first call.

There are two main components to consider when looking into receiving worker’s compensation. The first is that the government requires that the injury in question took place at your place of employment and that there is proof that you are currently employed with that company. The second requirement is that you sustained the injury in question as a result of your employment with the company. It is important to keep in mind while filing any personal injury lawsuit that even if both of these requirements are met, it does ensure that worker’s compensation will be awarded to you.

After you evaluate whether the above requirements have been met, it is up to you and your lawyer to determine if the case is worth bringing to trial. This will depend on such factors such as individual state laws and regulations. If you have been the victim of a work related injury, you should seek the services and advice of a worker’s compensation or personal injury attorney within your state as soon as possible. Not seeking advice from an attorney in a timely manner could result in not receiving a settlement at all or prevent you from receiving the full benefits that you deserve.

WORK RELATED ACCIDENTS: YOU ARE ENTITLED TO FILE A WORKER’S COMPENSATION CLAIM AND TO SUE THE THIRD PARTY WHO CAUSED YOUR INJURY FOR YOUR “CONSCIOUS PAIN AND SUFFERING” AND OTHER DAMAGES NOT COVERED BY WORKERS COMPENSATION.

Most workers are aware, of course, that, if they are working “on the books”, their employer has Worker’s Compensation insurance in effect which will cover them for on-the-job injuries of all kinds. In situations where the on-the-job injury is caused by the fault of the worker himself, a fellow worker in the same employ or by his employer, the claim is limited to worker’s compensation benefits. However, where a worker’s injuries, although on the job, have been caused by the fault of some other person, company (including GC or property owner) or employee of a sub-contractor, that worker may file a worker’s compensation claim and collect under the Worker’s Compensation Law and make a claim against the responsible party’s insurance company, including the sub-contractor’s liability insurer, (Section 29 Workers’ Compensation Law) for claiming involving “conscious pain and suffering”, future loss of earnings as the result of permanent injuries and future medical expenses. The spouse of the injured worker, in such cases, may also be entitled to a recovery in his/her own right for the harm caused by the injured spouse’s serious and permanent condition.

Most lawyers who handle Worker’s Compensation cases are entitled, under the Worker’s Compensation Law, to extremely modest fees. Accordingly, they handle cases in very large volumes and usually do not have significant amounts of time to devote to an individual case. Worker’s Compensation cases are also handled in special courts under special rules; and thus most lawyers who handle Worker’s Compensation claims are quite specialized and do not typically have the experience and background to bring court cases on behalf of injured workers against responsible third-parties. In fact, Worker’s Compensation claims can be handled by non-lawyers who are certified by the State of New York to do only that.

It is important that, if you have been injured at work by reason of the fault of someone whose employer is different than yours, that you immediately contact a law firm with years of experience handling work related injury cases in the courts, such as Spiegel, Brown & Fichera, LLP, who with this type of experience can see to it that your case is handled by a highly skilled Worker’s Compensation specialist for that part of your recovery; but, more importantly, we can give the extensive time and attention to securing a much more significant recovery, in court, for all of your injuries.

In this connection, remember that Worker’s Compensation claims simply reimburse for lost time from work and medical bills. The sums of money that experienced attorneys such as those at Spiegel Brown & Fichera, LLP can obtain by suing a third party for your work-related injuries in the courts are far more substantial in many, many cases (always depending upon the facts and circumstances, of course).

A consultation as soon as possible after your work-related injury with the firm of Spiegel, Brown & Fichera, LLP is always without charge of any kind.

We will never charge you a fee for anything on a work-related case, except as may be clearly disclosed to you; in advance and in writing. You will never have to pay a fee in advance. All fees will only be payable, if you agree, in writing, that you wish us to represent you; and, then, the fee will simply be collected once you have recovered. There is no fee, unless we make a financial recovery for you, the worker.